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    kmonahan's Avatar
    kmonahan Posts: 2, Reputation: 1
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    #1

    Apr 21, 2009, 04:28 AM
    Year lease expired in January. Are we now a month to month?
    Our one year lease expired in January. I called the landlord then and reminded him we needed to renew the lease. He said he would stop by and take care of it, but never did.After a couple more calls into him with nothing done I gave up. Did the lease then go to a month to month? I've read our original lease and see nothing in it that explains this. It is now April and my husband and I have found a home. We will be moving in May 1st. We would have liked to give the landlord more notice, but we just found the home and can't pass it up. We called the landlord and let him know this. He now says we still have to pay him rent for the month of May because we didn't give him 30 days notice. Can he do this?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Apr 21, 2009, 06:37 AM
    Yes, when your lease expired you became a month-to-month tenant. That means that you have to give 30 days written notice when you want to terminate your tenancy. You should give the landlord a written notice today that you are moving out. And because you are giving him notice now you are still responsible for May rent.

    Edit: Just thought of something. You didn't mention what state you're in. Some states, particularly Florida, only require 15 days notice to terminate a month-to-month tenancy. Let us know where you are and we can check to see the notice requirements.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 21, 2009, 06:44 AM

    As Lisa mentioned generally when occupancy continues after expiration, the lease becomes month to month. When that happens ALL the terms of the lease, except rental and term carry over. So, if your lease specifies a 30 day notice, then you have to give 30 days and that leaves you responsible for the May rental.

    If the lease does not specify a notice period, then you have to abide by statutory notice and to determine that we would need to know where you live.

    The good news is that this gives you more time to move in. You won't have to move everything at once, so this could save you in moving costs.
    kmonahan's Avatar
    kmonahan Posts: 2, Reputation: 1
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    #4

    Apr 21, 2009, 07:09 AM
    Quote Originally Posted by LisaB4657 View Post
    Yes, when your lease expired you became a month-to-month tenant. That means that you have to give 30 days written notice when you want to terminate your tenancy. You should give the landlord a written notice today that you are moving out. And because you are giving him notice now you are still responsible for May rent.

    Edit: Just thought of something. You didn't mention what state you're in. Some states, particularly Florida, only require 15 days notice to terminate a month-to-month tenancy. Let us know where you are and we can check to see the notice requirements.

    We live in the state of Illinois
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Apr 21, 2009, 07:13 AM
    Illinois law requires a 30 day written notice to terminate a month-to-month tenancy.
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